Terms of Service

These Terms and conditions (“conditions”) are the Terms and conditions that regulate access to and use of the website and services that ivn S.L.U. (“ivn”), puts at the disposal of its users and clients. These Terms and conditions shall be governed and construed under Spanish Law and shall be subject to that exclusive jurisdiction should any dispute, claim or disagreement arise from them. ivn may update and amend these Terms and Conditions at any time and without prior notice, to adapt them to current regulations and to technological or business changes. The User should frequently verify the Terms and Conditions to ensure they always have the most up to date version. By accessing or using the websites, mobile applications and online services of ichverstehenicht.de, including ivn, (collectively, the “Services”) you will be bound by these Terms of Use (“Terms”) and all terms incorporated by reference.

ivn grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.

If you do not agree to these Terms, you may not access or use the Services. If you have any questions regarding these Terms, please contact us at hello@ichverstehenicht.de. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Eligibility; Authority.

You must be 18 years of age or older to access or use our Services. If you are using the Services on behalf of any entity: (a) you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity; and (b) references to “you” in these Terms refer to you and such entity, jointly.

Definitions and key terms

To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms are referenced, they are strictly defined as:

• • Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to ivn S.L.U. , which is responsible for your information under this Terms & Conditions.
  • Country: where ivn or the owners/founders of ivn are based, in this case it is ES
  • Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit ivn and use the services.
  • Service: refers to the service provided by ivn as described in the relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: ivn’s site, which can be accessed via this URL: https://www.ichverstehenicht.de
  • You: a person or entity that is registered with ivn to use the Services.

Use of the Services.

The Services, including all text, videos, images, data, software, or other files, content, and materials contained on the Services, are the proprietary property of ivn and our licensors. Subject to your compliance with these Terms, you may use the Services on a non-exclusive basis for your own personal use. Nothing in these Terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of ivn or any third party, whether by estoppel, implication or otherwise. To be clear, we do not claim any ownership over the content you submit via the Services.

Modifications to the Services.

We reserve the right, in our sole discretion, to modify the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.

Modifications to Our Apps

ivn reserves the right to modify, suspend or discontinue, temporarily or permanently, the apps or any service to which it connects, with or without notice and without liability to you.

Updates to Our app

ivn may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the app. You agree that ivn has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.

Repeat Infringer Policy; Copyright Complaints.

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify us using the email address hello@ichverstehenicht.de.

Trademarks.

“ivn,” the Company logo, any other Company service names, logos or slogans that may appear on the Services, and the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of ivn and our suppliers and our licensors, and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use any meta tags or other “hidden text” utilizing “ivn” or any other name, trademark or product or service name of ivn without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any ivn trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

Third-Party Content

We may display third-party content, advertisements, links, promotions, logos, and other materials through the Services (collectively, “Third-Party Content”). We do not control, endorse, sponsor or adopt any third parties referenced on the Services or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and ivn is not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party site or service, our terms and policies no longer apply.

You acknowledge and agree that ivn shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ivn does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

User Conduct.

You will comply with all applicable laws in connection with your access and use of the Services, and you are solely responsible for your conduct while accessing or using the Services. Further, you will not: engage in conduct that is harassing, threatening, intimidating, or stalking, or that we otherwise deem objectionable; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner; reverse engineer any aspect of the Services or do anything that might discover the source code of the Services (other than in connection with open source software we release); violate, infringe or misappropriate any intellectual property or other third-party right or commit a tort; modify, copy (other than standard page caching), publicly perform, publicly display, sell, rent, lease, timeshare or otherwise distribute the Services, in whole or in part. This restriction does not apply to open source software we release, which you can use subject to the applicable open source software license terms; attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the Services, without providing prior notice to ivn of the method used to bypass or circumvent; use any of the Services other than for its intended purposes; or use the Services to engage in or promote any activity that violates these Terms.

User Content.

(a) The Services include areas that allow users to create, post, upload, share or store content, including, but not limited to, text, photos, videos, sound, graphics, code, items or other information and materials, including Storage Materials (collectively, “User Content”). “Storage Materials” refers to any User Content provided or otherwise processed via our Services for use on the Storage Platform.

(b) We do not own, control or endorse any User Content that is transmitted, stored, or processed via the Services. You are solely responsible for any of your User Content and for your use of any interactive features and areas of the Services, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in this Agreement; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

(c) You will not create, post, share or store User Content that: is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, otherwise create liability or violate any local, state, national or international law; contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; impersonates, or misrepresents your affiliation with, any person or entity (including ivn); references or depicts ivn or our Services but fails to disclose any material connection to us that may exist; contains any unsolicited promotions, political campaigning, advertising or solicitations; contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose ivn or others to any harm or liability of any type.

Cookies.

ivn uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Feedback.

You may submit questions, comments, suggestions, ideas, original or creative materials or other information about ivn or the Services to us (collectively, “Feedback”). Feedback does not include User Content. We reserve the right to use Feedback for any purpose without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

ivn shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of ivn without any compensation or credit to you whatsoever. ivn and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Indemnification.

(a) To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless ivn and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Parties”) from and against all claims, damages, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Services; (ii) your User Content (including any data); (iii) any Feedback you provide; or (iv) your violation of these Terms.

(b) ivn reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ivn.

Disclaimers.

ivn is not responsible for any content, code or any other imprecision. ivn does not provide warranties or guarantees.

In no event shall ivn be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The ivn Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. ivn is a distributor and not a publisher of the content supplied by third parties; as such, ivn exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the ivn Service. Without limiting the foregoing, ivn specifically disclaims all warranties and representations in any content transmitted on or in connection with the ivn Service or on sites that may appear as links on the ivn Service, or in the products provided as a part of, or otherwise in connection with, the ivn Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by ivn or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, ivn does not warrant that the ivn Service will be uninterrupted, uncorrupted, timely, or error-free.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN THE AGREEMENT, (A) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

(A) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL IVN OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR OTHERWISE RELATED TO THE AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF IVN AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE GREATER OF ANY COMPENSATION YOU PAY TO US FOR USE OF THE SERVICES OR €100.

(B) THE LIMITATIONS SET FORTH IN SECTION 15(A) WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF IVN.

Release.

To the fullest extent permitted by applicable law, you release ivn and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

Dispute Resolution; Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH IVN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and ivn (a) waive your and ivn respective rights to have any and all Disputes arising from or related to this Agreement or the Services resolved in a court, and (b) waive your and ivn’s respective rights to a jury trial. Instead, you and ivn will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

Any Dispute arising out of or related to this Agreement or the Services is personal to you and ivn, and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to ivn will be sent by e-mail to ivn at hello@ichverstehenicht.de. Notice to you will be by email to the then-current email address in your Account. Your notice must include (a) your name, postal address, email address and telephone number, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and ivn cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ivn may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.

Any arbitration will occur in Spain. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in Spain will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court. This Agreement and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understood the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

Governing Law and Venue.

This Agreement and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of Spain, without regard to conflict of law rules or principles (whether of Spain any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties arising out or relating to this Agreement that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts of the Spain.

Severability.

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by ivn on the Services, shall constitute the entire agreement between you and ivn concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ivn’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND IVN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Termination or Suspension.

Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate this Agreement or suspend your right to access the Services. You may terminate this Agreement without notice by discontinuing use of the Services. All rights and licenses granted to you under this Agreement will immediately be revoked upon our termination of the Agreement or our suspension of your access to the Services, and you must immediately submit payment for any fees payable to ivn under the Agreement (as specified in the Storage Terms). ivn users can pay for a lifetime plan (when available). A lifetime plan is in effect for the duration of the account owner or 99 years, whichever is shorter. Lifetime accounts do not come with a standard 30 day money-back guarantee, which covers the rest of our plans. If a user loses access to his or her lifetime account, that lifetime account will be deemed as lost. ivn might sometimes offer “infinite” or “unlimited” lifetime memberships. These memberships are regulated under a fair-use policy. ivn reserves the right to prevent or stop any customer’s use of ivn services that appears to be abusive or is unduly burdensome. For more information on how this policy applies to your service plan, please contact us.

Amendment.

We reserve the right to change the terms of this Agreement from time to time in our sole discretion. If we make changes to the Agreement, we will provide notice of such changes, such as by posting the revised Agreement terms to the Services and updating the “Last Updated” date at the top of these Terms and the Storage Terms. Your continued use of the Services will confirm your acceptance of the revised Agreement. If you do not agree to the modified Agreement, you must stop using the Services.

Service Level.

(a) ivn will use commercially reasonable efforts to meet the following service level commitment: except for scheduled maintenance, our Services will be available 99.99% of the time. We calculate availability based upon the service records we maintain. We will use reasonable efforts to notify you in advance of any scheduled maintenance.

(b) Our SLA obligations do not extend to any unavailability of the Services that is caused by: (i) any hardware or software that you use in connection with the Services; (ii) misuse of our Services or the Platform, including use in breach of the Agreement or use other than in accordance with any documentation or there instructions provided by ivn; (iii) circumstances or events beyond the reasonable control of ivn; or (iv) our suspension or termination of your access to the Services pursuant to the rights we have reserved under the Agreement.

No Warranties

The app is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ivn, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ivn provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither ivn nor any ivn’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of ivn are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Storage Materials.

(a) ivn will not be responsible for any loss, misuse, or deletion of data or any failure of any data to be stored or encrypted. You are solely responsible for backing up any data.

(b) You are responsible for properly configuring and using the service to store your data via the platform, and for maintaining appropriate security of your data, which may include the use of encryption. We reserve the right at any time, without notice, to remove, reject or delete any data that contain text data or otherwise violate the terms of this Agreement (including ivn Terms of Use relating to User Content).(c) You are solely responsible for ensuring that any processing of data via the service is in compliance with all applicable laws. We make no representations or warranties regarding the suitability of the data for the processing of any particular types of data. You will provide all notices to, and obtain any consents from, third parties as required by applicable law in connection with the processing of data via the service. You must not process any data that include sensitive data that require heightened security protections, including any (i) “protected health information,” as defined under HIPAA, (ii) “cardholder data,” as defined by the PCI DSS, or (iii) “Sensitive Personal Data” as defined under the EU Directive 95/46/EC as enacted in the member states of the European Union.

Payments & Refunds

Thanks for shopping with ivn. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions at ivn. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at ivn, you agree to the terms along with ivn’s Privacy Policy.

If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.

Here are a few points that apply:

(a) We will provide notice via the Services of the fees applicable to use of the Services (‘Fees’). All Fees are exclusive of any applicable taxes unless stated otherwise, which are your sole responsibility. We will provide notice at least 30 days in advance of any increase to the Fees.

(b) Except where otherwise indicated via the Services, we will charge all Fees to a payment method designated by you via the Services that is acceptable to us. You represent and warrant that you are authorized to use the payment method you designate via the Services and authorize us to charge all Fees to that method. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your right to use the Services may be suspended automatically. Fees will be charged on a monthly basis based on the prior month’s usage. You can avoid incurring Fees at any time by discontinuing your use of the Services to store your Materials.

(c) Users with a free account who do not log in to their account for a period of one year will be considered inactive. Users will receive an email notice 7 days prior to reaching inactive status. Once a free account reaches that status, its data will be removed from the network in order to free up space for those free users who are actively using their account.

(d) Accounts on any of our premium plans who fail to renew their plan within a period of 7 days will be terminated.

(e) All users who buy any of ivn’s premium plans will be eligible for a 14 day refund, unless they already receive a 3 day trial period of any of ivn’s premium plans. After those first 3 days using any of our premium plans have passed, no refund will be applicable. To request a refund, you should reach out to us via email, at hello@ichverstehenicht.de.

Effect of Suspension or Termination.

This Agreement shall remain in effect until terminated by you or ivn.

If your access to the Storage Services is suspended or terminated, you will no longer have access to the Storage Materials processed via the Storage Services for storage on the platform, and our Storage Materials may not be recoverable. If we terminate or suspend your access to the Storage Services for reasons other than your breach of the Agreement, we will make commercially reasonable efforts to provide you an opportunity to retrieve your Storage Materials via the Storage Services. We will terminate any free accounts that have no activity for one year (this includes any account that has not uploaded, downloaded, shared or modified data in a period of one year). We will also terminate accounts under any of our paid plans, that fail to renew their plan after 7 days from the payment renewal deadline. Appropriate notice will be given to the user to try to avoid account termination.

ivn may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from ivn, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app, your account, and all copies thereof from your computer and/or mobile devices.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.

Termination of this Agreement will not limit any of ivn’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Open Source Software.

We may make the source code for much of the software that supports our Services, available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with ivn in connection with any of your modifications or distributions of this open source software. The source code we release in connection with open source software is not part of the Services, and your use of that source code without interacting with our Services is not subject to these Terms. For clarity, though, when we host any software and enable you to access and use such software as a service through our websites and apps, then these Terms will apply to such access and use.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Promotions

ivn may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Miscellaneous.

The Agreement constitutes the entire agreement between you and ivn relating to your access to and use of our Services. We may assign our rights and obligations under the Agreement. The failure of ivn to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond our reasonable control. Except as otherwise provided in herein, the Agreement is intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of ivn. ivn will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. ivn operates and controls the ivn Service from its offices in ES. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the ivn Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the ivn Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and ivn concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

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